Federal Court backs mining billionaire Ellison in bid to keep case files secret

A Federal Court judge has sided with Mineral Resources boss Chris Ellison in a major secrecy ruling, stripping affidavits and pleadings from the public file despite objections from media.

The ruling, delivered by Justice Michael Feutrill on Thursday morning in the Federal Court in Perth, means dozens of affidavits, pleadings and submissions filed in a long-running high-profile case brought by former Mineral Resources executive Steven Pigozzo will remain sealed or be struck out.

Feutrill told the court the registry would be directed to lock away documents in electronic storage as “voided and suppressed”, where they cannot be inspected without special judicial leave.

Feutrill said in his judgement that confidentiality was necessary to “prevent prejudice to the proper administration of justice”.

He noted some of the disputed material had never been read in open court and some statements were struck out as being “scandalous, vexatious [or] abuse”.

Redacted versions of some documents will be made available, but large portions of material in earlier hearings – including Pigozzo’s statement of claim, and affidavits from his lawyers and supporters – will be permanently sealed.

The dispute began in 2021, when Pigozzo was accused of insider trading, misusing company secrets and pocketing bonuses – allegations he denied.

He responded with a detailed Fair Work claim alleging Ellison directed him to conceal evidence in a $6 million lawsuit and unlawfully import COVID-19 test kits.

The case was abruptly settled in July last year, with both sides agreeing to sweeping gag orders over Pigozzo’s allegations and another order removing documents from the court file to keep their contents secret.

In August last year, Ellison’s lawyers asked Feutrill to make the orders, but he refused without first asking for input from news outlets who had covered the long-running saga.

This masthead appeared in court in December to challenge the blanket orders, with Nine Publishing lawyer Larina Alick filing dozens of pages of written submissions and a 98-page affidavit, and listing the news articles which had been published over the years.

She told the court there was strong public interest in the case given Ellison’s influence and Mineral Resources’ status as a major ASX-listed company.

Alick told the court that removing the documents risked “whitewashing” the file and undermining open justice.

But Ellison’s legal team argued the material contained “scandalous and vexatious” claims that were never tested in court and should not remain on the public record.

Feutrill stopped short of granting blanket secrecy. He ordered that redacted versions of some pleadings and submissions remain on public file, making clear not every claim justified permanent suppression.

In November 2024, Mineral Resources announced Ellison would step down as managing director within 12 to 18 months after revelations of a decade-long alleged offshore tax scheme.

The corporate regulator has launched an investigation into those matters, separate from the now-settled dispute with Pigozzo, which remains ongoing.

The company said Ellison would remain in the role until a successor was appointed.

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